>> greg: thank you for joining us, and our wonderful studio audience. i love you all. [applause] * >> good evening, i'm in for trace gallagher.

tonight it's 11:00 here on the east coast. 8:00 on the west coast. breaking tonight, more fallout tonight over the colorado supreme court decision to keep donald trump off the 2024 ballot l. more states follow suit? the former president is also fundraising off the ruling. it even had his republican primary opponents speaking out in his defense. chief correspondent jonathan hunt is live in los angeles where that case goes from here. good evening, jonathan. >> donald trump might be angry over his legal challenges but the flip side of that for the former president is the old adage that there is no such thing as bad publicity and today everyone was indeed talking trump. as we wait to see whether his legal team asks the supreme court to overturn the colorado court decision, that because he encouraged insurrection he's constitutionally ineligible to be on the ballot, president

biden weighed in, all bee it in measured fashion. >> however, the 14th amendment, let the court make that decision. he certainly supported an insurrection, no question about i. none. zero. >> while republicans challenging trump for their party's presidential nomination were full throated in support of the man, they want to defeat at the ballot box. >> we don't need to have judges making decisions. we need voters to make these decisions. >> we cannot stand for this assault on our republic. >> i think it's going to get reversed by the u.s. supreme court. >> as for the court of public opinion the latest legal woes for the former president seem likely to bolster rather than erode his support among republican voters. which already appears to be rock solid. a fox business poll taken before the colorado court decision shows trump leading by 34 points in iowa over ron desantis who

comes in at a distant second at 18%. haley up five points since september and we are, rich, just 26 days away from the caucuses in iowa. the clock is ticking for voters and the supreme court. >> rich: thank you. let's bring in a cal berkeley law professor. john, i'll begin with you, when or if the supreme court weighs into this how deep do you think they get? will this be a long, large, sweep decision or will they try to clear this as quickly as possible? >> i think the latter, rich. i think the court is very conscious of the court calendar and the election calendar. we've got the iowa primaries starting next month. i think the court knows that if it's going to take the case it's got to decide quickly so we

don't have 50 different states, 50 different courts, and 50 different standards about who is allowed to run for president. i expect the court will take the case and quickly reverse it. some easy grounds to reverse on, most prominently that the 14th amendment which allows a disqualification of an insurrectionist does not mention the president. either former presidents or you can't run for president in the future. >> rich: what do you think of that, the reason that the ordinary use of the term means the president or trump in this case was an officer of the federal government and can therefore be disqualified. what do you think of that? >> well, rich, i think it's instructive that the courts within colorado can't even decide on that same point. whether or not the 14th amendment disqualification clause even applies to the presidency. much less whether it can be invoked without a criminal impeachment -- indictment or a conviction. and i saw that clip from president biden.

the fact that he's so flippantly says, of course, it's self-evident that donald trump engaged in insurrection, then, mr. president, have the courage of your convictions and have him prosecuted. you can't just stand there as the chief executive, point fingers, and then expect that nothing will happen or you'll hide behind the special counsel? so frankly, i'm just sort of disgusted by that display. if you think he engaged in insurrection, have him prosecuted. otherwise, stop saying that sort of thing. >> rich: john what about this do you need to be prosecuted or does this have to wait until the special counsel and all the indictments that trump is facing has worked their way through the federal court system? >> i think this is a real problem with thele colorado decision. in fact, three democrat appointed justices des sep september -- dessented, how can

they decide he's an insurrectionist and then bar him from ever running again. think about also this. if the supreme court decides to hear this case, can you believe that the supreme court led by chief justice john roberts is going to agree with colorado because if it does, that means the supreme court would ban donald trump from all 50 ballots in all 50 states from any election in the future. if they reverse the colorado supreme court, it can just let the voters go back to deciding what they think about trump and his involvement on january 6. >> joe, there has been some discussion that whatever the supreme court decides it needs to be unanimous. this type of case, this type of gravity. do you think that's possible and do you think it is the type of case that needs to have unanimity? >> rich, i hope so. because what will happen here is, we'll solve one problem and we'll walk into another.

we'll have this constant, constant reverberation that the allegation is that the supreme court is partisan. that the supreme court only decides based on their political whims, not on legal standards, and we need to get back to those standards, whether it's the president kind of shooting off his mouth, or whether it's states making these decisions based entirely on their own without, as john said, any kind of any trial or determination of whether or not this has been an insurrection. we need to get back to legal standards and people, when they are honest, if they are opponents of donald trump, anything is justified if it means stopping donald trump. we can't as lawyers or as americans tolerate that. we need standards and we need nonpartisan neutral individuals who will enforce those standards. regardless of whether you like the people that they are being targeted against. >> rich: all right, thanks so much for joining us this evening on yet another historic case, possibly headed to the supreme

court. politics have a little bit to do with this, too. the political fallout on all of this let's bring in fox news contributor leslie marshal, former chief-of-staff to colorado congressman -- garrett, we'll start with you, take a look at this match. this is not just a colorado issue. i mean, you've got about a dozen other states that are considering this. you know, what's the political fallout from this? either in the republican party, and then in the larger issue, in a general election? >> yes, absolutely. thanks for having me on. appreciate it. you're right. there are a number of other states looking at this. this isn't just an isolated incident. legally i think it's interesting because donald trump is not in any of the indictments, four indictments. he's not been charged with inciting insurrection. he was actually cleared of has charge in the second impeachment. so that's number one. number two, i think it's interesting that you know, if you look at the 14th amendment section three it's talking about

confederate solders who essentially betrayed the united states, barring them from office. it's laughable comparison. politically here, you would think democrats learned their lessons. they have indicted him four times. every time he went up in the polls. we're not talking about just in the primaries, 50 or 60 points in recent fox news polling, i'm talking about general election, he's up five in a recent poll, cnn poll, four points. he's also chipping away at joe biden's coalition, whether it's hispanic voters, young voters, he's winning for the first time with them as well and even african-american voters, historic for a republican candidate do be reporting in modern history at 20%. >> rich: take a look at the poll numbers from iowa. presidential preference, donald trump at 67%, desantis at 11, haley at 11, christie at 3%. if he's indicted again does he go to a hundred percent? what's the ceiling here?

>> i don't know what the ceiling is but this is not a surprise. i predicted, and many in my party and the republican party as well predicted if he han again he would be the nominee. i'm not going to go too far out on the limb to say he's probably be the nominee, just when you lack at these numbers and margins. if you want to talk about where he's pulling away from biden, where he's gaining, largely in ret states which he'll win already but where is he lose something he's losing a lot of women, he's also losing some of the white male vote? and that could be trouble some but we're still far away, whether we're going to be for or against joe biden or donald trump numerically. i don't necessarily disagree with what a lot of republicans are saying. i think it helps donald trump politically. he gets a bump. i think people feel bad for him.

you poor thing. let's support him more. but then at the same time, i don't think this will stick or stand. on the reverse note, though, republicans say they want the states to have more power. this is an example of that. >> rich: the president, meanwhile, talking about the economy today, here's some of that. >> we have among our lowest inflation rates of any major economy on this earth. we're fighting a lower cost to give folks just a little bit more breathing room. my dad used to say. but let's be clear. republicans are against so many critical actions to help working middle class people, especially black americans. >> you know, garrett, there are positive signs in the economy. you've got job growth. you've got a number of other issues that are going in the president's favor but when it comes to inflation, inflation is indisputably higher than it was when he took office. is this the type of situation that he just shouldn't mention this anymore? >> president biden has tried to sell his economic agenda.

it's simply not working. again, you're talking about four years ago, inflation was higher than when he got into office. historic inflation. it's been at 8% or 9%. come down but still higher than when trump was in office. you obviously have mortgage rates at almost 7% making it almost impossible to buy a home so you've got more people on credit card debt than they have ever been before. more people draining their savings, so the economy, he can go out there and try and sell this message but it's not resonating with the american people. this isn't just republicans and independents saying. this even democrats don't think the economy is as good as it was three or four years ago. it a big problem going into 2024. a lot can change in a year but another interesting stat, polling shows that more people think the worst hasn't even come yet so that's a problem that joe bide listen have to overcome when you compare did economy to four years ago when people felt they were better off under trump. >> rich: should the president ignore it or explain it? >> i think he should explain it because a lot of people read

headlines and they don't read the fine print. i'm a firm believer when you look historically about the economy that it takes people a while to catch up with the facts. you talk about whether it's gdp, wage growth or low unemployment, and even though inflation scares people it's coming down. we are seeing -- we're seeing the fed that's going to loosen a grip. we're seeing people who are starting to buy more homes because that interest rate has dropped. gasoline prices have dropped. one thing the polls do say that people don't like to read when you go down to the fourth page, is they think the economy will be better a year from now. and that, next year, 2024, matters more than at this moment. >> rich: leslie and garrett, thank you for joining us. we have staggering new numbers of the surge of migrants at the border and one border state government is sending even more migrants to so-called sanctuary cities. marianne rafferty is confer that for us. >> eagle pass, texas has seen

roughly 4,000 illegal crossings. the biden administration has sent bureau of prisons personnel to overwhelm agents. it's been three straight days of a massive surge at the southern border with more than 1 is -- 190,000 encounters. there were 12,600 migrant encounters on monday and despite winter weather bringing cooler temperatures december is on track to set a new monthly record. >> more people are still coming, and there are more people in the pipeline. and i suspect christmas will be worse than today. and new year's will be worse than today. we're going the absolute wrong direction. >> video captured by texas republican congressman tony gonzalez reveals a processing center at eagle pass pushed well past capacity. this is a dhs official trying to block his camera. and take a look at. this fox news obtained this ice

check-in date for a colombian woman set for new york city in the year 2031. she's just one of the three million backlogged cases pending before the nation's immigration courts. we've also learned that texas is now flying illegal migrants to sanctuary cities. the first flight of 120 migrants arrived in chicago tuesday night. according to governor greg abbott's office all of those migrants did sign voluntary waivers. and the governor says there are more flights to come, and that all sanctuary cities are "fair game." rich? >> can rich: marianne rafferty live for us tonight. thank you. something positive new tonight on crime. two west coast cities dealing with spikes in retail theft are seeing some numbers come down. correspondent dan springer shows us how they are doing it. >> washington state criminals led the nation in retail theft last year. thieves took $347 for every

residents, twice the national average. >> more profitable than robbing from a bank and it's safer and there is less consequences. you're less likely to be apprehended. >> san francisco had the same problem, shoplifters mocking police who appeared impotent. but both cities shot back. they had blitz operations arresting dozens of thieves to date, over 340 raids. retailers also began locking up their merchandise. at this t-mobile store every display product is locked. inventory in a back room safe. in seattle, heavy shopping areas are flooded with security guards. like these three armed off-duty cops at this target. the downtown seattle association hired private security for smaller businesses. >> the policies in the last couple of years in certain cities to reduce the police force and to stop addressing some of these crimes have put companies and businesses in that position. >> according to the counsel on criminal justice, retail theft was down more than 30% in the first six months of this year,

in both san francisco and seattle. but the problem is far from over. >> almost on a daily basis, even with the store closing. they are still coming in here to steal whatever they can put their hands on. >> washington state has a new crime unit to go after the biggest players. >> i'm confident that wrong doers see the news, know there is more enforcement out there and that will give them second thoughts. >> unfortunately the positive trend in seattle and san francisco is not being seen everywhere. an analysis of the biggest 24 cities finds retail theft up 16% across the board in the first six months of this year, and much higher than that in cities like los angeles, new york, and dallas. rich? >> rich: dan springer, thanks very much. let's bring in the president of bo wave, former executive assistant director john -- thanks for joining us this evening. i want to begin with what seattle and san francisco are doing right and what more do they need to do? what do you think? >> so i think they are doing

what law enforcement does really well, which is targeting the network. that's what they are going after, and, as the report stated they are going after their biggest violators. however, law enforcement and their prosecutors have to continue to enforce the laws that are on the books and hold people accountable so we'll see how this trend continues. >> rich: josh, we saw with the beginning and through the pandemic such a focus on retail crime. why was that it we saw such a spike, these flash mobs and brazen attacks throughout the country? >> rich, i think the reason was, one, the coverage, people thought it was easy. and there was little consequence. and frankly, law enforcement was focused elsewhere. we saw huge spikes in violent crime. aggravated assault. and other violent offenders, so law enforcement can't do everything. they need the public's help in order to solve these crimes. but also keep in mind, that robberies still, as reported by

major city chiefs are up in 24 of the 6 otis reported in their findings. >> rich: here in washington, d.c. there have been crime increases, about a 40% increase if violent crime. the wash"washington post" said though went on a ride along. they said while police can't solve all the issues clarities the metropolitan police department currently feel like 3,300 police officers, it needs to be bigger. a decade ago, they were warned of increased danger if ranks fell below 3,800 officers. the city is learning their painful lesson now. do you think the era of cutting police, defunding police in major cities, has come to an end? >> rich, i would hope so. we've seen spikes in violent crime across our country. we've seen a lot of gun violence. and when you defund those that are going to protect us, then you're not going to have the results that you want and it's

not going to make our streets safer. we need to have talented law enforcement protecting us, in our country, and if you don't get that, you end up with results like we're seeing in washington, d.c. and other cities across the country. >> rich: josh, how much do you think the pandemic had to do with this? did this reorganize everything or was it just a confluence of a number of issues that we saw, what we've seen in crime over the last several years? >> i don't think it was the pandemic. i think there was a lot of aspects, certainly, that went on with the indictment of all law enforcement. not just holding those that were violators of law accountable, as we saw what happened unfortunately, in minnesota with the death of george floyd. it ignited a nationwide response. i don't think you need to indict nearly a million law enforcement officers, and that's what we saw happen and you saw the defunding. in a lot of big cities, which then saw a spike in crime.

and now we're seeing that result continue years later, and it will take law enforcement a long time to get their ranks plus back up with a lot of people still leaving. >> rich: josh, thanks so much for joining us tonight. >> thank you. >> rich: coming up, the lava flow from iceland's volcano slowing down. and later in the night cap what holiday song annoys you the most? we'll weigh in and read you the best responses in the night cap. it's 11:20 on the east coast. here's a fox news at night trip across america. first, a life look at annapolis, maryland. a view of the oklahoma city skyline, and finally a live look at navajo lake in northwestern, new mexico. if you can't join us don't forget to set your dvr and watch us any time. hi, i'll have the avocado toast... minus the avocado. so, toast?

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>> rich: new tonight drone footage of lava spewing out of the iceland volcano. the lava is still flowing although at a slower pace. perhaps even enough to spare the nearby town. it was evacuated several weeks ago following a series of earthquakes. for now, all roads leading to the site of the eruption are closed. the country's meteorological office continues to monitor for potentially dangerous gases that might be released. in israel tonight, a rare look inside one of the bloodiest october seventh massacre sites. new diplomatic efforts to negotiate a cease-fire. foreign affairs correspondent greg palkot reports on all of that from tel aviv. >> the israeli military continues its campaign against

hamas in the gaza strip. >> stronghold in the north. further targeting leadership headquarters down south. >> we continue the war until the end. it will continue until hamas is eliminated, until victory. >> leaving a trail of death, destruction, desperation. >> [sirens] >> 20,000 palestinians have been killed, many children. the gaza strip remains the most dangerous place in the world to be a child. while the biden administration is pushing israel to rein. >> they do not have to choose, minimizing the toll on civilians in gaza. >> amid some hope there could be a new cease-fire and release of more hostages. >> the two battling sides reportedly still are far apart. >> fortunately, there is no expectation at this point. but we're pushing.

>> as the scars of the hamas assault on israel remain. at one terror target today, trey -- >> more than 70 days after we first arrived we've returned to speak with survivors from the horrific october 7 attack. >> more than 100 people were killed there by hamas. some 30 kidnapped. including 18-year-old -- seized when visiting his girlfriend. released by the terrorists after 54 days. [speaking in hebrew] >> they have no time. why do i get to live and they don't? they all have to come back home now. >> in captivity he said hamas had abused him mentally telling him that he would be in gaza for more than a year. that his family didn't want him to come home. how wrong they were. rich? >> rich: greg palkot in israel

for us tonight. thank you. let's bring in former obama campaign advisory -- and state department senior adviser christian white. david, i'll start with you. this effort by the biden administration to try to get israel to rein their operation in, will it be effective and how affect it can it be? >> the biden administration is in a tough spot. they support israel. publicly they are continuing to stabbed by israel but you look at what's happening in the u.n. security council where all the other security council members are putting pressure on the u.s. to compromise on a resolution that would be somewhat critical of israel. the u.s. has been holding out. it's vetoed two previous resolutions, it's not agreed to the language but how long can it withstand that? and israel how long it can withstand the international pressure it's getting. we saw today france, which stood by israel right after october 7, macron said some things that were pretty negative about

israel saying israel can't destroy gaza in the process of trying to defend itself and so that also afternoon fects the u.s. france, uk, and other countries that are now pushing against us in the security council are also important for the u.s. to keep on our side. >> rich: let's talk about what some of the europeans are saying. this is from macron. he says "we can't let the idea take root that an official fight against terrorism implies -- i am discriminately. to stop this response because it's not appropriate because all lives are worth the same and we defend them. blinken later on, secretary of state anthony blinken said we hear many countries urging for an end to the conflict. i hear no one saying or demanding of hamas that it stop hiked behind civilians and lay down its arms to surrender. what does this do to the u.s. and what kind of a spot is u.s. foreign policy in right now? >> well, like most americans, rich, i don't care about the u.n. or what the u.n. thinks and

i don't care about what france or the french president thinks. once again, we've been reminded about the brutality of october 7. more than 1,100 people were killed including the elderly, infants, you know, for a country with a population of nine million, if you compare that to the united states, and gross that up to our population that would be like more than 30,000 people being killed on a single day by a terrorist. that would be 10 -- nine-elevens. the critical thing here is not to make -- corrupt crooked useless u.n. security council. it's to defeat hamas. it's to obliterate it as a political military force and replace it with something else that's not a terrorist army on israel's border. >> rich: david, there are many, many hostages still that hamas has. there are some discussions that perhaps there might be another pause in fighting in exchange

for more hostages. do you think that there is much left to give here? is it possible that we could see another round? >> it sounds like they are getting close with qatar and egypt helping to mediate talks and the u.s. involved in those talks as well, and hamas leadership involved. so far hamas is insisting that they want a pause before they agree to give back more hostages but i think they will get there. it's about the number. how many days will the pause be. israel is still insisting they are not ending the offensive actions and in support of that you see they had skirmishes with hamas mill standpoints in southern gaza so they are still making progress and capturing and killing residents. they aren't going to give up the offensive action for a permanent cease-fire but i think they will get another pause. >> how about the hostages what kind of negotiations should israel be willing to engage in here? >> well, i don't think they should negotiate with terrorists. part of the reason hamas is so keen on taking terrorists is

israel has traded in the past thousands of people, for example, for one soldier. that was held hostage. if one of my family members was being held hostage i would probably favor a cease-fire, i would probably say we should do everything but if you step back and look at what we've gotten, into we used to say we wouldn't negotiate with terrorists. now we not only negotiate with them, we trade hostages. we just traded $6 billion for five hostages from inin, that encourages more hostage taking. it's sad to say but the most humane way to end the war is to do it quickly and with overwhelming force. that is what we should support israel doing. >> rich: thanks for joining us tonight. >> thank you. >> thank you. >> rich: coming up, the u.s. and europe in serious negotiations over whiskey and bourbon. still ahead, a dog loses its mind over this pretty normal activity and man's fight to protect his christmas tree, will this year's strategy work? the day's best viral videos coming up next, but first, an

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>> rich: american distilllers are breathing easier tonight now that they are avoiding a steep price to sell u.s. whiskey and bourbon overseas. senior congressional correspondent has details from the famed whiskey wall. >> an emergency truce brokered by the u.s. blocked a staggering 50% upcharge on american spirits including bourbon and whiskey. destined for the e.u. on january 1. >> bourbon is actually growing all over the world. the whole industry, because really, it's picked up in the last five or 10 years. europe is a good market for us. >> u.s. distillers would have been drowning in share own whiskey river. a torrent of tariffs restricting

them from selling to the e.u. >> it's a devastating potential impact on us both in the bourbon business, and, for example, corn growers who supply corn to the bourbon. >> virginia democrat tim kaine was stunned to learned how much whiskey one disstellar sells to europe >> wait a minute, i thought you guys sold whiskey right here, but, yes, but about 40% of our product at that point is for export. >> american staples like jim bean are prominent overseas, tariffs can inhibit some boutique distellers from selling to europe. you won't see things as often in europe like north side from cincinnati. or kings county from new york. >> it's just a real shame. europeans are beginning to realize there is more to whiskey than just scotch. >> however, shelving it doesn't help. most age in about three years so

market volatility makes it hard to project how much distillers to produce for europe. >> we're focusing on other markets and looking to see how we can recover from the possible loss of the european union sales. probably 20% of us are selling it to the e.u. so yes. >> the lack of a deal exacerbates those who study trade. >> the fact they can't figure how to fix a tariff on distilled spirits speaks volumes about their inability to think clearly about the benefit of trade. in my opinion. >> but there could be an upside. a glut of bourbon once destined for the e.u. could drive down the price here at home. rich? >> rich: chad, from the whiskey wall. chad, thank you. >> when are we getting a whiskey wall? a vermont man has filed a lawsuit claiming his right to

free expression was violated when a state trooper arrested hip for brandishing the mill finger and swearing at him. it's time for night court. let's talk about how solid the legal ground is that he's standing on with civil rights attorney, along with criminal defense and trial attorney brian clay pool. robert, what do you think? is this a solid case or what? >> no, you have a first amendment right to free speech, first amendment right to freedom of expression but that ends -- when you're cursing, swearing or using obscene gestures that goes beyond your freedom of speech and crosses into something that can be regulated by law. if you're thinking about this in a constitutional way, you can do what you want, once you start swearing and flipping mean off you're bothering someone else. >> rich: my goodness. i've got to say, brian what do you think of that? is that a val argid argument or?

>> happy holidays. the last time i checked being disrespectful to a police officer is not a crime. are you kidding me? there are two reasons why this law should be brought. let's not forget, last time i checked, the constitution requires probable cause for a police officer to pull you over. what did this guy do? he didn't break the law. he flipped off a police officer. that's not good. i don't like that but an officer has to have legal probable cause to even pull him over. there is none here. even if there was then you've got to look at what disorderly conduct is. it intentionally creating a public annoyance or inconvenience. there is no public here. it's one-on-one, a conversation, in a car. so the disorderly conduct charge gets thrown out. if i was this guy i would be suing for false arrest. >> rich: robert, we've got the foundation for individual rights of expression fired, senior attorney says "police are charged with protecting the public, not their own bruised

egos." it's obvious from the footage that the officer wasn't concerned about greg's safety. he just wanted to punish him for mouthing off. is this illegal punishment for mouthing off. >> it's not illegal punishment. we've to return to a point in our society where we have some level of respect for our fellow human beings, where we have the type of discourse where people respectfully have conversations with each other. the reasons we have laws in place that prevent you from walking down the street yelling obscenities and flipping people off, et cetera, is because we want to somewhere some societal standards in the united states of america to comport with our traditional values and in this case this person clearly went above and beyond that to the point of criminality, and hopefully he'll get off with a misdemeanor or a fine but i don't think it's a basis for a lawsuit. >> rich: what about our children, if they saw this type of behavior. at what point does flipping off a cop becomes something that should not be a display in

public, that other people should be subjected to? >> rich, which is the best of both evils, right? i agree with you. the guy is wrong. he shouldn't flip off a police officer. totally a hundred percent categorically agree with that but is this potentially an abuse of power then by a police officer to pull somebody over because they flipped off? or flipped off a police officer? i think the constitution requires some type of legal reasoning to pull somebody over. that, to me, is the biggest issue. if you and i had a private argument i flipped you off, and you swore at me, nobody is getting arrested. why is this any different. >> rich: the rule should also be keep your mouth shut until the guy hands you a ticket. it's always a good time chatting. first up in tonight's viral videos, to this pomeranian, mail time is the worst time of day. the publish transforms into

what's been described as a fluffy tornado whenever a delivery arrives and yaps at the door even after they are gone. in oklahoma, more than 1,000 drones light up the sky for a magical christmas show. they painted holiday characters in the sky creating 3-d designs high above the audience. it was one of the largest drone shows in the united states. floridians were shocked to see fire balls streaking across power lines. the phenomena are called arc flashes and are sometimes, they happen when high winds can cause them. it's a fight that's been going on for three years, in 2021, victor's cat destroyed his christmas tree. in 2022, he hung it from the ceiling but the cat found a way to get the ornaments off. this year, he put his tree in a cat proof cage complete with signs and an emergency light. it says it's your move, cat. you know the cat will win. they always do. if you have a viral video to share hit us up at foxnews@night

on social media. >> the most annoying christmas songs are coming up and what a new survey says. there is still time to weigh in on x. the night cap crew is next, but first, look at lake -- i can't pronounce that in queen town, new zealand, courtesy of earth cam. pain hits fast. so get relief fast. only tylenol rapid release gels have laser drilled holes. they release medicine fast for fast pain relief. and now, get max strength topical pain relief precisely where you need it. with new tylenol precise. hi! need new glasses? get more from your benefits at visionworks. how can you see me squinting? i can't! i'm just telling everyone! ...hey! use your vision benefits before they expire. visionworks. see the difference.

>> rich: let's bring in the night cap crew. tonight's topic, unhappy holidays. nothing like a song to put you in the festive mood. some of the songs are annoying, they can be annoying. jonathan what do you think? >> i want to start this off by saying happy christmas, war is over, one of the greatest songs ever by john lennon. not by maroon five. adam levine what were you thinking, go away, do pop songs, don't try to redo john lennon. that's the most annoying christmas song. >> rich: that's a negative in the cover. no covers for jonathan. certainly not of john lennon. maryanne what have you got? >> so it was kind of a toss-up between the chipmunks song and granny got run over by a

reindeer. >> rich: in the studio we've heard that the whole chipmunks album belongs in that category. what have you got? >> all i want for christmas is annoying because they play it every three seconds. you're at the mall, you're at an ice skating center. everywhere. i shouldn't admit this on tv but i do like justin bieber's christmas album. i do like it. it will be used against me at some point. >> rich: robert what have you got? >> i'll go with favorite would be outcast. and the one that i hate the most is james brown, santa claus went straight to the ghetto, maybe because it's because my dad played it for the first 10 years of my life but if i never hear it again that would be my best christmas present. >> rich: a recent survey shows the top three most annoying songs, fell list navidad, chip monk song, that we were talking

about, and number one, all i want for christmas is you, by mariah carey. i have to ask you, what if mariah carey covered john lennon? >> she might get a pass. she's a national treasure. i just went to see her, the christmas concert at the hollywood ball. it was one of my wife's lifelong dreams. spectacular. she's one of those people who can do anything. but if you maroon five, adam levine, no, don't. if you're not frank sinatra, stop it. >> rich: that's absolutely perfect. we'll leave it there. thanks so much for joining us on our absolutely fantastic tour around our worst favorite christmas songs. thanks for watching. america's latest news, fox news at night, i'm rich from washington. hi, i'll have the avocado toast... minus the avocado. so, toast? yeah. everything is so expensive these days. hey, chevy gets it.

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